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Originally Posted by delphidb96
When was the last time a major law was overturned by jury nullification?
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We don't know, because juries don't give verdicts of "nullified because we think this law is inapplicable to this situation." They come back with "guilty" or "not guilty," and don't have to explain why.
How many "not guilty" verdicts seem to contradict the evidence or the law?
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When was the last time a judge explained that this is one of the options to a jury?
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While the right of jury nullification is part of our legal rights (
http://www.fija.org/docs/state_langu...lification.pdf) and has been upheld, it's also been ruled that judges have no requirement to inform juries of this right (
http://www.askthelawguy.info/images/moylan.pdf) ... apparently, they have to discover it on their own.
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We recognize, as appellants urge, the undisputed power of the jury to acquit, even if its verdict is contrary to the law as given by the judge, and contrary to the evidence.
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HOWEVER:
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nowhere does it hold, as appellants here contend, that the jury should be instructed that it may disregard the law as declared by the judge.
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So they have the right to nullify, but not the right to be told they have this right.